Jones v. McHugh

Appeals by defendants Anderson and Williams from so much of an *879order of the Supreme Court, Tompkins County, which denied their motion for summary judgment. Plaintiff’s action is to recover money claimed to be his which was found by the defendants Anderson and Williams at a dump. They move for summary judgment on the basis that since the currency cannot be identified, plaintiff’s claim cannot be sustained. Special Term denied the motion, holding that a jury might reasonably and fairly infer that the scattered money came from plaintiff’s drawer and that the drawer and the money belonged to…